Gujarat Assembly elections 2017: Election Commission withdraws show cause notice to Rahul Gandhi over TV interviews

New Delhi: The Election Commission on Sunday night withdrew its show cause notice to Congress leader Rahul Gandhi for alleged violation of the model code of conduct, saying the provision under which it was issued is now under review.

"The Commission is of the considered view that due to multi-fold expansion of digital and electronic media, the extant Model Code of Conduct, Section 126 of the RP Act, 1951, and other related provisions require revisiting to cater to the requirement and challenges of the present and emerging situations," it said while withdrawing the notice.

The poll body also decided to set up a panel to suggest amendments to a provision in the election law barring campaigning 48 hours ahead of polling, following complaints that it has failed to keep pace with information technology.

In an order, it said the proposed committee will have members from the poll panel, the information and broadcasting, law and IT ministries, in addition to those from the National Broadcasters Associations (NBA) and the Press Council of India (PCI), PTI reported.

The panel will "examine these provisions in the prevailing context of communication technologies and suggest required changes", it said.

The commission accepted that Section 126 of the Representation of the People Act does not take into account the revolution in communication technology.

"It appears imperative to revisit the provisions relating to the last 48 hours before completion of poll to appropriately address challenges unleashed by fast-changing technologies in the context of multi-phase polls," it said. 

The poll panel on December 13, 2017, had issued a show cause notice to Rahul for "prima facie" violating the provisions of the election law and the model code by giving interviews to TV channels in Gujarat.

The final phase of Gujarat polls was held on December 14, 2017.

It had asked Rahul to respond to the notice latest by December 18 evening, failing which ''it will decide the matter without any reference to him".

The notice had said that the display of his interviews by TV channels fell within the definition of "election matter" under section 126 (3) of the Representation of the People Act, 1951 and their telecast within 48 hours ending with the hour fixed for the conclusion of the poll amounted to violation of Section 126 (1) (b) of the Act.

"...By giving such interview and its display on TV channels on December 13, you have, prima facie, violated the...Provisions of para 1 (4) of the Model Code of Conduct, Section 126 (1) (b) of the Representation of the People Act, 1951 and the Election Commission's lawful instructions in this regard," it had said.

The BJP had complained to the poll panel about the interviews.

The EC, in a press statement, had also said that it had asked TV channels to "forthwith stop" airing interviews of Rahul as they violated the election law and directed the Gujarat poll authorities to lodge FIR against anyone for infringement of legal provisions.

The statement said after due deliberations, the EC had directed the Chief Electoral Officer of Gujarat "to initiate necessary action by filing FIR against those who have violated the above-mentioned provisions in phase two districts in Gujarat".

"Further, those TV channels which are violating the provisions of Section 126 (1)(b] by displaying said election matter in phase two district in Gujarat have been directed to forthwith stop the display of such matter," it had said.

(With PTI inputs)